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Selection of state court judges in Virginia occurs almost exclusively through legislative election.[1] Having used this method even before it was granted statehood, Virginia is one of only two states in the country, the other being South Carolina, where judges are selected this way.[2][3]

Supreme court justices serve for twelve years while appeals and circuit judges serve for eight years. At the end of their terms, judges must be re-elected by the legislature just as they initially were.[4]

Selection of the chief justice or judge

The chief justice and judge of each court is selected by peer vote. The supreme court chief justice serves in that capacity for four years, while the chief judges of the appeals and circuit courts serve for two years.[1]

Qualifications

To serve on the supreme court, court of appeals or circuit court, a judge must be:

*Retirement is mandatory for sitting judges who turn 70 while in office. Such judges may continue serving until 20 days after the convening of the regular general assembly session following his or her birthday.[5]

Vacancies

When the general assembly is in session, midterm vacancies are filled by the same legislative election process normally used to select judges. When the assembly is not in session, the governor appoints a replacement to serve until 30 days after the start of the next session, by which point a judge must be elected to the seat.[4][1]

Qualifications

*Retirement is mandatory for sitting judges who turn 70 while in office. Such judges may continue serving until 20 days after the convening of the regular general assembly session following his or her birthday.[8]

Vacancies

Midterm vacancies are filled by legislative election. If the general assembly is not in session when a vacancy occurs, the governor appoints a replacement to serve until 30 days after the next session begins. A full-term judge is then elected.[6]

History

Selection methods in Virginia have undergone several changes since the inception of the judiciary. Below is a timeline noting the various stages, from the most recent to the earliest:

Selection of federal judges

The district courts are served by Article III federal judges who are appointed for life, during "good behavior." They are usually first recommended by senators (or members of the House, occasionally). The President of the United States of America nominates judges, who must then be confirmed by the U.S. Senate in accordance with Article III of the United States Constitution.[9]